USER TERMS AND CONDITIONS AGREEMENT
Preamble:
This Terms and Conditions Agreement ("Agreement") governs the sale and use of the Semi Intelligent Induction Cooktop ("Cooktop") and is legally binding between Futuristic Labs ("Company) and you the User ("User").
By purchasing and using the Cooktop, User agrees to be bound exclusively by the terms herein.
Acceptance of Terms:
The purchase and use of the Cooktop by User is expressly limited to and governed by these Terms and Conditions, which are incorporated into and made a material part of the purchase.
Acceptance of User’s offer is expressly limited to acceptance of these Terms and Conditions.
No terms or conditions, even if signed by a representative of Company, shall become part of this agreement nor modify these Terms and Conditions, regardless of any course of performance, course of dealing, or usage of trade.
Definitions
User: Refers to buyer and/or any user of the Cooktop.
Contract: The invoice issued by the Company to the User and these Terms and Conditions. In the event of any conflict, these Terms and Conditions shall take precedence over other documents included in the Contract.
Product: The Semi Intelligent Cooktop and any other equipment, parts, materials, supplies, and goods that User has requested, and Company has agreed to supply, including any repaired or replacement Products provided by Company in accordance with these Terms and Conditions.
Company: Futuristic Labs or any entity designated by Futuristic Labs to manufacture, and supply the Cooktop and/or Services (if any) provided to the User.
Services: The services User has requested and Company has agreed to perform under the Contract, including any services that are reperformed by Company in accordance with these Terms and Conditions.
Terms and Conditions: These General Terms and Conditions for the Purchase of Products or Services, together with any modifications or additional provisions specifically stated in User’s purchase order or specifically agreed upon by User in writing.
Klynk App: Refer to www.cookwithsemi.com, www.getriku.com, www.klynk.receipes, www.klynk.app, www.klynk.in, www.support.klynk.in
General Use
Permitted Use: The User agrees to use the Cooktop solely for personal, non-commercial purposes within the territory of India.
Prohibited Use: The User agrees not to use the Cooktop in commercial, industrial, or outdoor settings such as trailers, caravans, or staff kitchens in shops or offices.
Installation and Setup
Installation Requirements: The User agrees to install the Cooktop on a stable, level surface, away from direct heat sources, and with adequate space for ventilation as per the installation instructions detailed in the User Manual provided by the Company.
Installation Restrictions: The Cooktop must not be installed near heaters, flammable materials, or in locations that are humid, oily, or exposed to direct sunlight, water splash or spillage (taps, window sill with excessive splashing or maybe even water dispenser). Ensure that there is at least 6 inches (15 cm) of space around the device to avoid obstruction of vents.
Environmental Conditions: Do not use the appliance in locations exposed to low temperatures or where gas leaks may occur. Ensure that the installation surface is solid and level to support the appliance's weight without abnormal vibrations, movement, or noise.
Electrical Safety
Connection Requirements: The Cooktop must be connected to a suitable 220-230 VAC, 50 Hz electrical outlet on a dedicated circuit.
Connection Prohibitions: The use of extension cords or adapters is prohibited. Handling the Cooktop or its connections with wet hands is prohibited to avoid the risk of electric shock.
Power Cord and Plug Maintenance: Users must regularly remove dust or water from the power plug terminals and contact points using a dry cloth. Do not pull or excessively bend the power cord. Always grip the plug firmly and pull straight out of the outlet. Always turn off the wall socket before plugging or unplugging the cooktop's power cord to prevent sparking and potential electric shock or fire.
Damage and Repair: Do not use the cooktop with a damaged power plug, damaged power cord, or loose wall socket. If the supply cord is damaged, it must be replaced by the manufacturer, its service agent, or similarly qualified persons to avoid hazards. Unplug the cooktop during long periods of non-use or during thunderstorms.
Cookware Compatibility
Suitable Cookware: Only flat-bottomed, induction-compatible cookware that fits the active heating area of the Cooktop is to be used.
Unsuitable Cookware: The use of non-induction compatible cookware or cookware with uneven bases which might scratch the surface or impair function is prohibited.
Operation
Operational Compliance: The User agrees to adhere to all operational guidelines provided by the Company for various cooking modes and temperature settings.
Operational Restrictions: Placing or operating metal objects such as forks or knives on the Cooktop’s surface is prohibited.
Handling and Operational Precautions:
Do not open the device by force while it is operating. Ensure that children or pets do not climb or play on the appliance. Avoid inserting hands or metal objects into the vents of the appliance at any time.
Vessel Temperature Sensor:
Before cooking, always ensure that the Vessel Temperature Sensor is visible and protruding from the glass surface. If the sensor is stuck or has lost its spring action, immediately contact the Company for support.
Do not manipulate the Vessel Temperature Sensor. Avoid pulling, pushing against, or pressing down on the sensor as this may damage the setup and lead to inaccurate readings. Damage caused by user mishandling of the temperature sensor will not be covered under warranty.
Device Handling:
Transporting the Device: Always pick up Semi and place it down gently. Avoid tilting, dragging, or dropping the device, as this can cause damage.
Rubber Legs: Do not push, pull, or twist the rubber legs located beneath Semi. These are connected to sensors and may be damaged if handled improperly.
Maintenance and Cleaning
Maintenance Requirements: The User agrees to clean the Cooktop regularly post-use. It is recommended to disconnect the cooktop from power and allow the device to cool completely before cleaning.
Cleaning Restrictions: Use a soft, damp cloth for regular cleaning. For stubborn stains, a mild dish soap diluted in water may be used. Ensure that water does not enter the appliance. Avoid the use of abrasive cleaners, harsh chemicals, or submerging the Cooktop in water, as these can damage the appliance..
Handling Specific Cleaning Challenges:
Rust and Oxidation: For rust or oxidation on the glass surface, gently apply a non-abrasive cleaner with a soft cloth, avoiding sharp objects that might scratch the surface.
Vents and Sensors: Keep vents clear and avoid inserting objects. Clean the temperature sensor gently to prevent damage.
Spill and Handling Care:
Spill Management: In the event of significant spills, immediately turn off and unplug the cooktop, and clean up by blotting the spill.
Safe Handling: Lift and relocate the cooktop gently to prevent mechanical damage. Avoid harsh movements that could affect internal components.
Regular Maintenance: Encourage regular inspection and maintenance to prevent the buildup of foreign substances that could impede the appliance's functionality or safety. Provide specific instructions for cleaning different parts of the appliance, such as removable trays, filters, and exterior surfaces.
Connectivity and Functionality
Required Connectivity: The User agrees to connect the Cooktop to the Klynk mobile application via a secured 2.4GHz Wi-Fi network to utilize additional features and controls.
Connectivity Restrictions: Connecting to unsecured or public Wi-Fi networks which might compromise device functionality and data security is prohibited.
Data Privacy
Data Management: The User agrees to manage personal data through the Klynk app, with an understanding of rights to access, correct, and delete such data.
Software Updates: The User agrees to promptly install any updates to the Klynk App or Cooktop software and not to use outdated software or devices that do not support the latest software updates.
Intellectual Property
IP Compliance: The User agrees to respect and adhere to copyright, patent laws and trademark laws concerning the Cooktop’s software and hardware and any content transmitted using the Klynk app.
Modification Restrictions: Modifying, redistributing, or reproducing any part of the Cooktop or its software without proper authorization from the Company is prohibited.
Disposal and Recycling
Proper Disposal: The User agrees to dispose of the Cooktop in accordance with local regulations for electronic waste.
Disposal Restrictions: The Cooktop must not be disposed of with regular household waste.
Updates, Including Additions, Modifications, or Discontinuations
Update Consent: The User consents to the Company's right to add, modify, or discontinue any features or other aspects of the Cooktop and Klynk app through software updates at any time. The User agrees to promptly install such updates and use the most up-to-date version of the software. The User acknowledges that updates may be done automatically and might require the Cooktop to be reset, restarted, or be temporarily unavailable.
Use of Features
Responsible Usage: The User agrees to use the features provided by the Cooktop and/or Klynk App responsibly, adhering to recommended cooking guidelines and monitoring food throughout the cooking process to ensure safety.
Safety Operations: The User acknowledges that it is their responsibility to operate the Cooktop safely and maintain it in good working order. Failure to do so may result in damage, bodily harm, or serious injury.
Emergency Response: If the appliance is flooded, immediately turn off the power supply and do not attempt to restart the appliance. Contact customer service for assistance. If the appliance emits strange noises, a burning smell, or smoke, unplug it immediately and seek professional help.
Transfer of Ownership
Transfer Conditions: If the User sells, loans, or otherwise transfers the Cooktop, the User agrees to inform the new owner of the terms of this Agreement and to remove all personal cooktop related data from the Klynk App and associated Cooktop.
Internet and Mobile Usage
Network Responsibility: The User is responsible for obtaining, maintaining, and paying for all necessary network devices and data plans required for the operation of the Cooktop and Klynk App.
The User must keep their network and devices up to date following all manufacturer recommendations.
Account Deactivation
The User can delete their Cooktop from the Klynk App or delete their account at any time.
Upon deactivation, the Cooktop will cease transmitting data and the features will no longer be available.
App Store Terms
App Availability: The availability of the Klynk App may depend on third-party platforms such as the Apple App Store or Google Play ("App Store").
The User acknowledges that this Agreement is between the User and the Company, not with any App Store.
The Company is not responsible for errors or non-availability or maintenance of the Klynk App attributable to the App Store.
Compliance with App Store Terms: The User agrees to comply with the terms and conditions of the App Store. If App Store terms and conditions are less restrictive than, or otherwise conflict with, the terms of this Agreement, this Agreement will govern.
Updates, Communications, and Documentation Management
Purpose and Scope
This Policy on Updates, Communications, And Documentation Management ("Policy") governs the communication, acceptance, and management of software updates, modifications to terms and conditions, and the updating and maintenance of associated documentation for all products and services offered by Futuristic Labs. This includes the Semi Smart Induction Cooktop ("Cooktop") and other smart appliances, alongside the Klynk mobile application ("Application").
The Policy ensures users are informed and compliant with the latest requirements for the optimal and secure use of the Services.
Notification of Updates and Documentation Changes
Futuristic Labs may inform users of updates to software, changes in terms, and modifications to any associated user manuals, documentation, or other notices related to the Services.
Notifications may be provided through:
Email Communications: Detailed emails will be sent to the registered addresses of users, explaining the nature of the updates or changes, and providing actionable instructions or links for further information.
Push Notifications: The Application will send real-time notifications to users' devices, informing them of urgent updates or changes that require immediate attention.
General Public Announcements: Updates that affect a broader audience or the public use of the Services will be announced through press releases and public announcement systems.
Social Media Announcements: Information regarding significant updates or changes will also be shared through Futuristic Labs' official social media accounts to ensure wide dissemination and engagement.
Documentation Updates and Management
The management of documentation such as user manuals, terms and conditions, and service agreements for the Cooktop and other appliances is as follows:
Regular Reviews: All documentation will be reviewed on a regular basis to ensure accuracy, relevance, and compliance with applicable laws and regulations.
Documentation Accessibility: Updated documentation will be made available through the Application and on the official Futuristic Labs website.
Users may be notified of significant changes to documentation through the designated communication channels.
Compliance with Laws and Regulations: Users are required to comply with all applicable local, state, national, and international laws and regulations when using Futuristic Labs' products, including the Cooktop and the Klynk mobile application. This responsibility to adhere to laws related to data privacy, electronic communications, and intellectual property rights remains regardless of updates to this Policy. Non-compliance may lead to immediate termination of Services and potential legal action.
Updates to the Policy: Futuristic Labs may periodically update this Policy to reflect changes in legislation, market conditions, or business strategies without prior notice. Users are responsible for regularly reviewing the Policy. Continued use of the Application, services, Cooktop and other appliances after any such changes shall constitute the user's consent to such changes.
Modification and Discontinuation: Futuristic Labs reserves the right to modify, suspend, or discontinue any part of its services, applications, or appliances, including features and software updates, at any time without notice or liability. Continued use after such changes indicates your acceptance of these modifications.
Mandatory Compliance
Users are required to comply with updated terms and conditions and to install software updates as follows:
Acceptance of Revised Terms: Users must agree to any amended terms and conditions to continue using the Services.
Software Update Installation:
Timely installation of software updates is mandatory. Failure to update may lead to restricted functionality or discontinuation of service and/or access for the Cooktop and other smart appliances and Apps.
User Obligations
Users must maintain up-to-date contact information and Application settings to ensure uninterrupted service and receipt of all communications:
Update Personal Information: Users are responsible for keeping their contact details current in their user profiles.
Enable Automatic Updates: Where possible, users should enable automatic updates for the Application or regularly check for manual updates.
Consequences of Non-Compliance
Non-compliance with this Policy may result in:
Restricted Access to Services: Access to certain features or the entire Service may be restricted until compliance is achieved.
Compromised Security and Performance: Delays in accepting updates or changes may expose users to security vulnerabilities, cause safety issues and reduce the performance of their Application, services, Cooktop and other appliances.
Data Protection: In accordance with applicable data protection laws, all updates and changes will ensure the privacy and security of user data. Users will be informed of any significant changes affecting data handling through the prescribed communication channels.
Amendments to this Policy:
Futuristic Labs reserves the right to amend this Policy at any time.
Users will be notified of any amendments as mentioned in Section 20.2 above.
Contact and Support: For questions or assistance regarding this Policy or its implementation, users may contact Futuristic Labs' customer support via provided contact details in the Application or on the official company website.
User Content
Content Responsibility:
The User acknowledges that they are solely responsible for any content they provide, including ratings, reviews, comments, images, videos, recipes, or any other media ("User Content").
The User Content is not confidential and may be used by the Company.
Content Permissions:
The User will only submit User Content for which they have all necessary rights and permissions.
User Content must comply with all applicable laws and regulations.
Prohibited Content: The User agrees not to submit any User Content that may be illegal, or violates the rights of others.
License Grant: The User grants the Company a perpetual, irrevocable, royalty-free license to use, copy, modify, and distribute their User Content in any form.
Social Media Sharing: The User is responsible for complying with all terms and conditions of the social media platforms they use when sharing User Content related to the Services.
Acceptable Use Policy
Service Usage: The User is granted permission to use the Services solely for personal, family, and household use. The Company retains all rights in the Services, including all content and materials provided.
Legal Compliance: The User agrees to use the Services in compliance with all applicable local, state, national, and international laws and regulations.
Prohibited Actions: The User agrees not to misuse the Services in any way that could harm individuals or entities, violate privacy rights, or infringe intellectual property rights. This includes, but is not limited to, refraining from distributing harmful computer code, disrupting the Services, or using the Services to impersonate others or engage in unauthorized advertising.
Third-Party Services and External Links
Third-Party Risk: The User understands and agrees that their use of third-party services accessed through the Services is at their own risk and subject to the terms and conditions of those services.
Service Reliability and Accuracy: The Company does not guarantee that the Services or their content are complete, current, or error-free. The Company will make reasonable efforts to correct any discovered errors.
Product Features, Services & Content Subject to Change
Content Variability: The Company endeavors to provide the Services as accurately as possible but does not guarantee that the Services or their content will always be complete, current, or error-free. This includes content related to product availability, specifications, features, or prices.
Effort to Correct Errors: If errors in the Product, Services and/or Content are discovered, the Company may make reasonable efforts to correct them.
Product Representation: Product measurements and descriptions may be approximate and provided for ease of explanation. Additionally, the Company attempts to display product colors as accurately as possible, but these colors may appear differently in the actual product and/or content.
Returned or Rejected Products
Inspection and Rejection Rights:
It is the User’s responsibility to inspect all Products and Services upon or following delivery.
User may reject any part of the Products or Services if they are found to be defective.
Notification of Defects: User should inform the Company within seven (7) days of discovery of the defect or non-conformity or receipt of the Products or Services, whichever is earlier.
Consequences of Failure to Notify: Failure by User to notify the Company of any defect or non-conformity shall be deemed an acceptance of the Product or Service, but shall not affect User's rights under any applicable warranties, particularly in the case of latent defects.
Product Recall
Recall Authorization: In the event that any Products are found to be unsafe, defective, or otherwise not in compliance with applicable safety standards, the Company reserves the right to issue a recall or withdrawal of any affected Products from the market. This recall right applies regardless of whether the need for a recall is mandated by a regulatory authority or determined by the Company in its discretion to prevent potential harm to users or liability.
User's Obligations: Upon notification of a recall, User must promptly cooperate with the Company and take all necessary steps as directed by the Company or regulatory authorities.
Reporting Requirements: Users are required to immediately report to the Company any information which suggests that any of the Products are not in compliance with applicable safety standards or may otherwise pose a risk to the general public.
Recall Termination: The recall process shall be deemed completed when the Company, in consultation with the appropriate regulatory authorities (if applicable), determines that the recalled Product no longer poses a safety risk and notifies the Company of this conclusion.
Disclaimer of Warranties
The Company provides a limited Warranty, please refer to the Warranty Policy for further details.
The Company does not provide any additional warranties relating to the Product, Klynk App, Services, or any third-party offerings, other than that outlined in the Warranty Policy .
The Klynk App/Services, any third-party offerings, and all information and content made available through the Klynk App/Services, and third-party offerings are provided to you "AS IS" without any warranties or conditions of any kind, whether express, implied, or statutory.
Exclusion of Certain Warranties: The Company expressly disclaims all warranties and conditions with respect to the Product, Klynk App/Services and any third-party offerings to the fullest extent permissible under applicable law, including warranties of merchantability, fitness for a particular purpose, non-infringement and title.
No Liability for Information and Content: No warranty or condition, express or implied, is made regarding the accuracy, adequacy, completeness, legality, reliability, or usefulness of any information or content contained in the Product, Klynk App/ Services or the results that you may obtain through the Klynk App/Services.
Limitation of Liability
The Company shall not be liable for any indirect, incidental, consequential, special, reliance, exemplary, or punitive damages arising from or related to this Agreement or the use of the Product, Klynk App or Services, including but not limited to damages related to loss of use, unauthorized access or use of the Product, Klynk App or Services, or your data or User Content.
This exclusion applies regardless of the legal theory (contract, tort, strict liability, etc.) and even if the Company is advised of the possibility of such damages.
User’s sole and exclusive remedy for any issues or claims related to Product, Klynk App or Services, or third-party services is to discontinue their use.
Maximum Liability: The Company’s maximum aggregate liability arising from or related to this Agreement or the Product, Klynk App or Services, will not exceed the greater of the total amount paid by you to the Company for the use of the Product, Klynk App or Services, or the cost paid for the Product ], whichever is lower.
General: The limitations of liability apply to all claims, even if the Company has been informed of the possibility of such damages.
These limitations, disclaimers, and exclusions apply to the fullest extent permitted by applicable law.
Term and Termination
This Agreement is effective upon the User's first use of the Cooktop, Klynk App or Services and remains in effect until terminated by either party in accordance with the terms outlined herein.
Agreement Duration: The Company may terminate or suspend your use of the Klynk App/Services and any or all of the connected features of the Cooktop enabled through or in conjunction with the Klynk App/Services at any time and without prior notice, if the Company believes that the User has breached any provision of this Agreement.
Effects of Termination:
Upon any such termination or suspension, all rights and licenses granted under this Agreement, including your right to use the Klynk App/Services, will immediately cease.
The Company may, without liability to you or any third party, immediately deactivate or delete your username, password, and user account, and all associated materials, without any obligation to provide any further access to such materials
Enforcement and Compliance: Failure to comply with these terms may lead to termination of the Agreement, warranty voidance, restricted support access, and potential legal action.
Force Majeure
Definition of Force Majeure: For purposes of this Agreement, "Force Majeure" shall mean any event beyond the reasonable control of the Company, including but not limited to natural disasters (such as earthquakes, hurricanes, floods), war, terrorism, civil unrest, labor strikes (other than those involving the Company's employees), fire, explosions, acts of God, and governmental actions or restrictions.
Suspension of Performance: If the Company is prevented from or delayed in performing any of its obligations under this Agreement due to a Force Majeure event, then the Company shall be excused from performance or the timely performance, as applicable, of those obligations for the duration of the Force Majeure event. The Company shall promptly notify the User in writing of the occurrence of the Force Majeure event, its expected duration, and cessation.
Obligation to Mitigate: The Company shall use reasonable efforts to mitigate the effects of the Force Majeure event and to resume performance of its obligations as soon as reasonably possible. The obligation to mitigate does not require the Company to settle any strikes or labor disputes or to test or reject alternate sources of supply.
Adjustments: Any deadlines or timetables for performance affected by the Force Majeure event will be extended automatically for a period equal to the duration of the Force Majeure event. If the Force Majeure event continues for more than ninety (90) days, the Company shall have the right to terminate this Agreement without liability by giving written notice to the User.
End of Life Products
End of Life Notification: The Company may, at its sole discretion, designate any of the Products as "End of Life" (EOL). The Company will notify the User of the decision to designate a Product as EOL at least six (6) months before discontinuing support. The notification will be via the Kylnk App or Company’s media communication and shall include the last date of support availability for the EOL Product.
Discontinuation of Support: Following the EOL date, the Company will no longer provide any support services, updates, patches, or repairs for the EOL Product. This discontinuation includes technical support, software updates, and hardware maintenance.
Responsibilities of User: Upon notification of a Product's EOL status, the User is responsible for making all necessary arrangements to transition from the EOL Product to a current or alternative Product offered by the Company or third party.
Purchases of EOL Products: User acknowledges that any purchases of the Product made after the EOL notification are made with the understanding that these Products will be unsupported after the EOL date.
No Liability: The Company shall not be liable for any loss, damage, or inconvenience suffered by the User as a result of the Product's EOL status or the discontinuation of support and services for the EOL Product.
Alternative Solutions: The Company may, at its discretion, offer the Buyer alternative solutions or upgrades to replace the EOL Product, potentially at a special upgrade price, but is under no obligation to do so.
Notices
All notices and other communications to the Company must be in writing and must be sent to the addresses specified in the User Manual or to another address as the Company may later specify in writing.
Effective Delivery: Notices are considered effectively delivered when:
received, if delivered personally;
sent by facsimile or email with confirmation of transmission, during the Company's normal business hours;
three days after being mailed by certified or registered mail, return receipt requested;
on the delivery date if sent by an internationally recognized overnight courier service.
Jurisdiction: User agrees that any legal action or proceeding between User and the Company related to this Agreement, Cooktop, Klynk App or Services shall be brought exclusively in the courts located in Hyderabad, India.
Severability: If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement will continue in full force and effect. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.
Entire Agreement: This Agreement constitutes the entire agreement between the User and the Company regarding the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties. No amendment, modification, or addition to this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties.